Bank of America Employee RIF’d at 56 Lacks Age Bias Claim, 2d Circuit Affirms

A 56-year-old Bank of America Corp. employee terminated in a reduction in force has no Age Discrimination in Employment Act claim because he can’t show the employer’s asserted performance-based reasons for selecting him for the RIF were a pretext for age bias, the U.S. Court of Appeals for the Second Circuit ruled Sept. 5 (Delaney v. Bank of Am. Corp., 2014 BL 247075, 2d Cir., 13-184, 9/5/14).

Affirming summary judgment for Bank of America, the court said John Delaney, who worked for Bank of America and its predecessors for 22 years before his termination, failed to raise ...